ATA GHOUS vs STATE, etc
This matter arises from a petition for pre-arrest bail filed by Ata Ghouns in case FIR No. 615 dated 07.11.2018 registered under Section 489-F of the Pakistan Penal Code 1860 at Police Station City Rajanpur, District Rajanpur, concerning the alleged dishonest issuance of a dishonoured cheque. The core legal question is whether the petitioner is entitled to pre-arrest bail in the circumstances of the case. The Lahore High Court accepted the application and confirmed the pre-arrest bail, holding that the FIR was registered with an unexplained delay of over two months, the original cheque and return memo were missing from the record, investigation revealed the cheque was given as security, the offence fell outside the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898, the petitioner had joined the investigation without any recovery made from him, and mala fide could be inferred from the facts and circumstances alongside the absence of misuse of ad-interim bail. The key principle laid down is that pre-arrest bail may be confirmed where the offence falls outside the prohibitory clause, evidence is doubtful, and mala fide is inferred from the surrounding facts and circumstances of the case.
- Whether pre-arrest bail can be confirmed when an FIR is registered with an unexplained delay?
- Does an offence under Section 489-F of the Pakistan Penal Code 1860 fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898?
- Is pre-arrest bail grantable when the investigating agency reveals that the cheque was handed over by way of security?
- Section 489-F, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
ORDER
Ata Ghouns, petitioner seeks pre-arrest bail in case FIR No, 615 dated 07.11.2018 under Section 489-F , PPC registered at Police Station City Rajanpur , District Rajanpur .
2. Allegedly , the petitioner dishonestly executed a cheque in favour of the complainant, ultimately dishonoured.
3. After hearing the learned counsel for the parties and perusing the record, it was noticed that the FIR was registered with unexplained delay of more than two months. The original cheque and the cheque return memo. is not available on the record. The version of the complainant is falsified by the investigating agency which revealed that the petitioner handed over the cheque to the complainant by way of securi ty on behalf of his brother . The offence does not fall under the prohibitory clause of Section 497, Cr.P.C. It is difficult to prove the element of mala fide by the accused through positive/solid evidence/ material and the same is to be deduced and inferred from the facts and circumstances of the case. The petitioner has joined the investigation and nothing was recovered from his possession. Mala fide was asserted in the petition and there was no allegation of misuse of ad-interim pre- arrest bail.
4. For the reasons mentioned above, the application is accepted and the ad-interim pre-arrest bail earlier granted to the petitioner is confirmed subject to his furnishing fresh bail bonds in the sum of Rs, 100,000/- with one surety in the like amount to the satisfaction of learned trial Court/Duty Judge. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.